CruiseBooking.com part of eTravel.com TERMS AND CONDITIONS OF USE
The following are terms of a legal agreement (which includes sections of our CruiseBooking.com Privacy Statement) (“Agreement”), between you and CruiseBooking.com. By accessing, browsing and/or otherwise using this web site (the “Site”), you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, without modification, and to comply with all applicable laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site.
These terms supersede any prior CruiseBooking.com Terms and Conditions relating to the use of the Site that were displayed on this Site before the date stated above. Unless specifically provided, they do not supersede the additional terms for carriage, awards, attractions provided elsewhere in this Site.
Site Materials - All materials, including, without limitation, software, data, materials text, pictures, graphics, information, products, services, and the selection and arrangement thereof.
Provider - Refers to any third party who provides the Site Materials, Trademarks or Services, including providers of travel and related services.
Services - Refers to any products or services offered by CruiseBooking.com directly or on behalf of a Provider.
Copyrights - All Site Materials are copyrighted materials of CruiseBooking.com and its Providers.
Trademarks - The trademarks, service marks, trade names, and logos used and displayed on this Site are registered and unregistered (common law) trademarks or service marks of CruiseBooking.com and its Providers (each a “Trademark”).
Patents Pending - Certain aspects of this site are pending patent applications completion in the United States and other jurisdictions.
Nothing in this Agreement or the Site shall be construed as granting, by implication, estoppel or otherwise any right of ownership, license or right to use any copyright or Trademark used or displayed on the Site, without the express written permission of CruiseBooking.com or other person owning the copyright or Trademark. The unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
PERMITTED USES OF THE SITE
The Site is made available to you for your arrangement of travel and travel related services. We grant you permission to use the Site for personal, noncommercial use only.
You shall be responsible for determining what laws or regulations are applicable to your use of the Site and Services. In addition, you may only use the Services in a manner that, in the CruiseBooking.com sole judgment, is consistent with the purposes of such Services and does not violate any local, state, federal or non-United States law or regulation. We reserve the right to revoke the foregoing permissions at any time. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site.
In your access or use of the Site you agree not to:
· Impersonate any person or entity, including, but not limited to, a CruiseBooking.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
· Distribute, license, copy, reproduce, display, republish, download, sell or resell or transmit any Site Material;
· Post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law.
· Modify or otherwise create derivative works from any material on this Site;
· You agree that you will not use any robot, spider, other automatic device or means, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on the Site or the content contained therein without CruiseBooking.com prior, express, and written permission;
· “Mirror” any material contained on this Site on any other server without prior written permission from CruiseBooking.com;
· Violate restrictions in any robot exclusion headers on this Web site;
· Bypass or attempt to bypass any measures used by this Site to prevent or limit access to this Site;
· Deep link to any portion of this Site;
· Hyperlink to the entry page of this Site in a manner that portrays CruiseBooking.com or any of its Services in a false, misleading, derogatory, or otherwise defamatory manner. (We reserve the right to revoke at any time any user s right to hyperlink to our Site s entry page);
· Use Framing techniques to enclose the Site, Trademarks or other Site Materials;
· Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, including by way of example, by imposing an unreasonable or disproportionately large load on the servers or communications resources used to provide the Site.
· Disobey any requirements, procedures, policies or regulations of networks connected to the Services.
OTHER MATTERS RELATED TO YOUR USE OF THE SITE
Fees CruiseBooking.com may charge a fee for the service it provides when you purchase, book or reserve travel services, or accommodations through the Site. Any such service fee is non-refundable. In addition, you will be responsible for all charges, fees, duties, taxes and assessment out of your use of the Services available from the Site.
When we Provide You Hyperlinks to Providers, links to a Provider s sites from this Site are provided solely as convenience to you. If you use these links, you will leave this Site. CruiseBooking.com has not reviewed all of these Provider sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. CruiseBooking.com does not endorse or make any representations about Provider sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the Provider sites linked to this site, you do so entirely at your own risk. You acknowledge and agree that CruiseBooking.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such Provider sites.
When we Provide you Air Traffic Updates, either CruiseBooking.com nor the FAA makes any promises or guarantees as to the accuracy, completeness, or adequacy of any delay or other air traffic management information on this Site, and CruiseBooking.com and the FAA expressly disclaims liability for any errors and omissions.
Typographical Errors - While we and the Providers endeavor to provide accurate product and pricing information, the Site Materials may include inaccuracies or typographical errors. CruiseBooking.com and the Providers cannot confirm the price of an item until after you order. In the event the item is listed inaccurately due to an error in pricing or product information, CruiseBooking.com and its Providers shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, CruiseBooking.com and its Providers may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
Currency Rates - Any currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary.
Sales and Other Transaction Taxes - While CruiseBooking.com may collect transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) on a Provider s behalf, the Provider bills for all applicable taxes to CruiseBooking.com and CruiseBooking.com remits such tax directly to the Provider. CruiseBooking.com is not a co-vendor associated with the vendor with whom we book or reserve our customer s travel arrangements. Additionally, the actual sales tax may differ from that stated on the Site, based on variables such as the rates applicable on the actual date of service and location.
Feedback and other Transmissions - We welcome your comments regarding our Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us shall be considered non-confidential and shall remain the exclusive property of CruiseBooking.com. Your submission of any such comments shall constitute an assignment to CruiseBooking.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments, will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
U.S. Government Restricted Rights - The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the government constitutes acknowledgment of CruiseBooking.com or other owner s proprietary rights in them.
Travel Destination - Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. CruiseBooking.com, urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
Travel Documents - While travel within the United States generally requires a government issued photo identification, please refer to www.faa.gov and www.tsa.gov for additional information on travel documents. International travel requires additional entry and exit documentation, please refer to www.faa.gov and www.tsa.gov for requirements based on your travel destination. Some service providers may require additional documentation, as in the case of car rentals, a valid Driver s license is required.
Advertisement Content - This web site may contain links to web sites maintained by third parties. CruiseBooking.com does not operate or control in any respect any information, products, or services on such third-party sites. Third-party links do not constitute any endorsement by CruiseBooking.com and/or its affiliates. User assumes sole responsibility for use of these third-party links. The disclaimers set forth herein are equally applicable to such third-party sites. Moreover, CruiseBooking.com has not exercised editorial control over any content supplied by third parties. Any resources, opinions, advice, or other statements made or expressed by such third parties are those solely of the third party. You agree that CruiseBooking.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
MODIFICATION OF THESE TERMS AND CONDITIONS
Because our business changes constantly, we reserve the right to periodically revise our Privacy Notice and the Terms and Conditions of Use. When making these changes, we will post the new notices and conditions. We may also inform you of the change when you next make a purchase or create an itinerary.
You agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of CruiseBooking.com and its facilities.
Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
DISCLAIMER OF WARRANTY
CruiseBooking.com AND THE PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THE SITE, SOFTWARE, SITE MATERIALS, SERVICES, ALL OF WHICH IS PROVIDED ON AN “AS IS” BASIS. CruiseBooking.com AND THE PROVIDERS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SITE, SOFTWARE, SITE MATERIALS AND SERVICES WILL BE FREE FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, THAT COMMUNICATIONS TO OR FROM THE SITE WILL BE SECURE AND NOT INTERCEPTED, THAT THE SERVICES AND OTHER CAPABILITIES OFFERED FROM THE SITE WILL BE UNINTERRUPTED, OR THAT ITS CONTENT WILL BE ACCURATE, COMPLETE OR TIMELY. THE FACT THAT CruiseBooking.com IS INCLUDING OR OFFERING ANY PRODUCT OR SERVICE ON THE SITE IS NOT AN ENDORSEMENT OR A RECOMMENDATION OF THE SERVICE.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, CruiseBooking.com AND THE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE.
LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, use of this Site and the Site Materials is at your sole risk. Services made available on this Site are subject to conditions imposed by the Providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish Services through this Site are independent contractors and not agents or employees of CruiseBooking.com.
IN NO EVENT WILL CruiseBooking.com OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY HYPERLINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH SITE MATERIALS OR SERVICES THROUGH THIS SITE, OR THE SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF CruiseBooking.com AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, despite the limitation above, CruiseBooking.com or any Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then CruiseBooking.com and the Providers liability will in no event exceed, in total, the sum of $250.00.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION - You agree to defend and indemnify this Site, its affiliates, and all Providers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by you or any thirty party as a result of your breach of these Terms and Conditions (including any documents made part of these Terms and Conditions by reference) and your violation of any law or the rights of any Provider, or your use of the Site, Site Materials and Services.
GOVERNING LAW; DISPUTES
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida notwithstanding any conflict of law provisions.
Any dispute relating in any way to your visit to the Site or to Services you purchase through the Site shall be submitted to confidential arbitration in Orange County, Florida except that, to the extent you have in any manner violated or threatened to violate the Site s intellectual property rights, CruiseBooking.com may seek injunctive or other appropriate relief in any state or federal court in Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
In the event a dispute is not governed by the foregoing, you irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal in the County of Orange, Florida (the “Florida Courts”) for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Florida Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Florida courts represent the exclusive jurisdiction for all disputes relating to this Agreement.
If any provision(s) of this Agreement is held by an arbitrator or court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The failure to exercise or enforce any right or provision by CruiseBooking.com of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CruiseBooking.com in writing.
The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by CruiseBooking.com. This Agreement may not be assigned in any manner by you without the express, prior written permission of CruiseBooking.com.
To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail, or instant messaging.
The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CruiseBooking.com as a result of this agreement or use of the Site.
CruiseBooking.com performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CruiseBooking.com right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CruiseBooking.com, with respect to such use.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and CruiseBooking.com, with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and CruiseBooking.com, with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.